Penalty phase August 28th 2002 – 3
Jenny Lynn N., (Westerfield’s niece), Jeanne N. (Jenny Lynn’s mother), Paul Redden, (police officer)
–O0O–
THE COURT: WELCOME BACK, LADIES AND GENTLEMEN.
ALL RIGHT. MR. DUSEK.
MR. DUSEK: THE NEXT TWO WITNESSES WE WOULD ASK THAT THEY BE REFERRED TO BY FIRST NAME AND LAST INITIAL ONLY AND THAT NO PHOTOGRAPHY OR VIDEO BE TAKEN OF THEIR FACES.
THE COURT: ALL RIGHT. THANK YOU.
ALL RIGHT.
MR. DUSEK: JENNY N.
JENNY LYNN N.,
CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
DIRECT EXAMINATION BY MR. DUSEK:Q.: MA’AM, WOULD YOU TELL US YOUR FIRST NAME AND SPELL IT.A.: JENNY. J-E-N-N-Y.Q.: DO YOU HAVE A MIDDLE NAME?A.: LYNN. L-Y-N-N.Q.: WHAT’S YOUR LAST INITIAL?A.: N.Q.: JENNY, HOW OLD ARE YOU?A.: NINETEEN.Q.: DO YOU GO TO SCHOOL?A.: YES.Q.: WHERE DO YOU GO?A.: S. D. S. U.Q.: WHAT YEAR ARE YOU GOING TO BE?A.: A SOPHOMORE.Q.: HAS IT STARTED YET?A.: NO. NEXT TUESDAY.Q.: DO YOU HAVE A MAJOR?A.: CHEMISTRY.Q.: WHAT DO YOU HOPE TO DO?A.: RESEARCH I GUESS, BUT MY REAL PLANS ARE TO GO TO CULINARY SCHOOL AFTERWARDS.Q.: AFTER A CHEMISTRY DEGREE?A.: M-HM. YES.Q.: GOOD LUCK.A.: THANK YOU.Q.: WERE YOU AT SOME POINT IN TIME RELATED TO DAVID WESTERFIELD?A.: YES.Q.: CAN YOU DESCRIBE FOR US THE RELATIONSHIP.A.: MY DAD’S SISTER WAS MARRIED TO HIM.Q.: YOUR DAD’S SISTER’S NAME IS JACKIE WESTERFIELD?A.: YES.Q.: AND YOUR DAD WAS HER BROTHER?A.: YES.Q.: IS HER BROTHER.A.: YES.Q.: HOW LONG HAVE YOU KNOWN DAVID WESTERFIELD?A.: MY WHOLE LIFE.Q.: I WOULD LIKE TO DIRECT YOUR ATTENTION BACK ABOUT TWELVE YEARS. WAS THERE A TIME WHEN YOUR FAMILY GOT TOGETHER WITH HIS FAMILY?A.: YES.Q.: THAT’S THE EVENTS THAT I’M GOING TO ASK YOU ABOUT HERE TODAY.
DO YOU RECALL ABOUT HOW OLD YOU WERE AT THE TIME?A.: ABOUT SEVEN.Q.: WE HAVE A PICTURE HERE IN COURT THAT’S BEEN LABELED COURT’S EXHIBIT 205. DO YOU RECOGNIZE WHAT WE HAVE DEPICTED HERE?A.: YES.
(PHOTOGRAPH MARKED TRIAL EXHIBIT NUMBER 205 FOR IDENTIFICATION.)
BY MR. DUSEK:Q.: WHO’S THAT?A.: ME.Q.: HOW OLD WERE YOU?A.: ABOUT SEVEN I THINK.Q.: IS THAT A SCHOOL PICTURE?A.: YES.Q.: DO YOU RECALL THE OCCASION FOR WHAT WAS GOING ON AT THE WESTERFIELD RESIDENCE ON THE NIGHT THAT WE’RE TALKING ABOUT?A.: NO. WE WERE JUST HAVING A FAMILY GET-TOGETHER.Q.: AND WHEN YOU SAY FAMILY, HOW MANY PEOPLE ARE INVOLVED IN YOUR FAMILY?A.: MY PARENTS, MY YOUNGER SISTER, MY AUNT, AND MY COUSINS, MY UNCLE MIGHT HAVE BEEN — MY OTHER UNCLE MIGHT HAVE BEEN THERE. THE NEIGHBORS MIGHT HAVE BEEN THERE. I’M NOT SURE. AND I THINK MY GREAT UNCLE AND AUNT MIGHT HAVE BEEN THERE.Q.: ALL RIGHT.
LET ME JUST START WITH YOUR FAMILY. YOU HAVE YOUR MOTHER AND FATHER, CORRECT?A.: YES.Q.: AND THEN DO YOU HAVE ANY BROTHERS OR SISTERS?A.: I HAVE A YOUNGER SISTER.Q.: HOW MUCH YOUNGER IS SHE THAN YOU?A.: SHE’S THREE YEARS YOUNGER THAN I AM.Q.: WAS YOUR SISTER AT THIS FAMILY GATHERING?A.: YES.Q.: CAN YOU REMEMBER SPECIFICALLY WHETHER OR NOT THE DEFENDANT DAVID WESTERFIELD WAS THERE?A.: YES, HE WAS.Q.: AND HOW ABOUT HIS WIFE JACKIE?A.: YES.Q.: WERE EITHER OF HIS KIDS THERE?A.: BOTH OF THEM.Q.: AND DO YOU REMEMBER ANY OTHER RELATIVES WERE THERE SPECIFICALLY?A.: I DON’T REMEMBER.Q.: DO YOU RECALL THE OCCASION, WHAT WAS GOING ON?A.: I HAVE NO IDEA. IT COULD HAVE BEEN A HOLIDAY PARTY, A BIRTHDAY PARTY, OR JUST A GET-TOGETHER FOR NO REASON.Q.: ALL RIGHT.
DID THERE COME A TIME WHEN YOU AND YOUR SISTER WERE PUT TO BED?A.: YES.Q.: HOW DID THAT HAPPEN?A.: WE WENT UPSTAIRS TO MY COUSIN LISA’S ROOM, AND MY MOM TUCKED US IN. WE WERE AT THE FOOT OF HER BED AND JUST WENT TO SLEEP.Q.: WHAT WERE YOU SLEEPING ON?A.: THE FLOOR.Q.: WAS LISA THERE ALSO?A.: YES.Q.: DO YOU REMEMBER WHAT YOU WERE SLEEPING IN?A.: I THINK P.J.’S. I’M NOT SURE.Q.: AND HOW ABOUT A — WHAT YOU WERE SLEEPING ON OR IN?A.: I THINK A SLEEPING BAG.Q.: ARE YOU SURE?A.: NOT POSITIVE.Q.: ALL RIGHT. DID YOU HAVE ANY TROUBLE GETTING TO SLEEP?A.: NO.Q.: DO YOU KNOW WHAT THE ADULTS WERE DOING WHEN YOU GUYS WERE PUT TO BED?A.: STILL DOWNSTAIRS PARTYING.Q.: WHAT’S THE NEXT THING YOU REMEMBER?A.: WAKING UP AND MY UNCLE DAVE HAD HIS FINGERS IN MY MOUTH, AND HE WAS KIND OF PLAYING WITH MY TEETH. AND THEN I WAS STILL PRETENDING I WAS ASLEEP. AND HE WENT AROUND TO WHERE MY SISTER WAS SLEEPING. SHE WAS TO THE RIGHT OF ME. AND I KIND OF ROLLED OVER TO SEE WHAT HE WAS DOING OVER THERE. BUT I DON’T REMEMBER SEEING HIM DOING ANYTHING.
AND THEN HE CAME BACK OVER TO WHERE I WAS AND DID IT AGAIN. SO I BIT HIM REALLY HARD FOR AS LONG AS I COULD. AND THEN HE WENT TO THE HEAD OF LISA’S BED. AND I ROLLED OVER TO SEE IF HE WAS DOING ANYTHING OVER THERE, AND HE KIND OF ADJUSTED THE SIDES OF HIS SHORTS AND THEN LEFT THE ROOM.Q.: ALL RIGHT. WERE YOU AWARE OF HIM COMING INTO THE ROOM?A.: NOT UNTIL I HAD BEEN WOKEN UP.Q.: DID YOU ACT LIKE YOU WERE AWAKE THE FIRST TIME?
MR. FELDMAN: LEADING.
THE COURT: OVERRULED.
YOU CAN ANSWER.
THE WITNESS: NO, I DIDN’T.
BY MR. DUSEK:Q.: WHY NOT?A.: ‘CAUSE I WAS TOO FREAKED OUT ABOUT IT. I DIDN’T UNDERSTAND WHAT WAS GOING ON.Q.: AND DESCRIBE FOR US AS BEST YOU CAN WHAT HE WAS DOING.A.: HE JUST HAD A COUPLE FINGERS IN MY MOUTH, LIKE RUBBING MY TEETH OR MASSAGING THEM. AND THAT’S IT.Q.: ARE YOU ABLE TO — DID YOU SAY ANYTHING TO HIM?A.: NO.Q.: DID YOU ACKNOWLEDGE AT ALL THAT YOU WERE AWAKE AT THAT POINT?A.: ONLY WHEN I BIT HIM.Q.: AND THAT WAS THE SECOND TIME?A.: YES.Q.: I’M JUST TALKING ABOUT THE FIRST TIME FIRST. DID HE SAY ANYTHING WHILE HE WAS DOING THAT?A.: NO.Q.: HAD HE EVER DONE THAT BEFORE TO YOU?A.: NO.Q.: HOW LONG WOULD YOU SAY IT LASTED?A.: MAYBE A MINUTE OR TWO.Q.: IF ONE HAND HE WAS USING TO PUT FINGERS IN YOUR MOUTH, DO YOU KNOW WHAT HE WAS DOING WITH HIS OTHER HAND?A.: NO.Q.: WHAT WAS HE WEARING?A.: HE WAS WEARING DARK-COLORED LITTLE RUNNING SHORTS.Q.: HOW DO YOU KNOW?A.: ‘CAUSE WHEN I ROLLED OVER AND LOOKED AT HIM WHEN HE WAS AT LISA’S BEDSIDE, I JUST REMEMBER THE SHORTS HE WAS WEARING.Q.: WHEN HE LEFT YOU THE FIRST TIME, YOU WENT WHERE?A.: OVER TO WHERE MY SISTER WAS SLEEPING.Q.: HOW FAR AWAY WAS SHE?A.: RIGHT NEXT TO ME. BUT HE WENT ON THE OTHER SIDE OF HER FROM WHERE I WAS.Q.: WHAT DID HE DO OVER THERE?A.: I HAVE NO IDEA.Q.: WHY NOT?A.: EITHER I DON’T REMEMBER OR HE DIDN’T DO ANYTHING. I DON’T KNOW.Q.: OKAY. FROM THERE WHERE DID HE GO?A.: HE CAME BACK TO WHERE I WAS SLEEPING AND DID THE SAME THING. THAT’S WHEN I BIT HIM.Q.: HOW DID HE GET HIS HAND IN YOUR MOUTH?A.: I DON’T KNOW.Q.: WERE YOU STILL — WELL, WERE YOU ACTING LIKE YOU WERE AWAKE OR ASLEEP AT THAT POINT?A.: STILL SLEEPING.Q.: DID YOU SAY ANYTHING TO HIM WHEN HE DID IT THE SECOND TIME?A.: NO.Q.: WHAT WERE HIS FINGERS DOING INSIDE YOUR MOUTH?
MR. FELDMAN: ASKED AND ANSWERED.
THE COURT: OVERRULED.
WE’RE TALKING ABOUT SECOND TIME, COUNSEL?
MR. DUSEK: SECOND TIME.
THE COURT: YOU MAY DESCRIBE THE SECOND TIME.
THE WITNESS: I DON’T KNOW. WAIT. CAN YOU REPEAT THE QUESTION?
BY MR. DUSEK:Q.: WHEN HIS FINGERS WERE INSIDE YOUR MOUTH THE SECOND TIME, WHAT WAS HE DOING WITH THEM?A.: OH, THE SAME THING AS BEFORE. JUST RUBBING MY TEETH AND MASSAGING MY TEETH.Q.: DO YOU KNOW HOW HE WAS POSITIONED WHILE HE WAS DOING THAT? BY THAT I MEAN STANDING, SITTING, KNEELING, THAT TYPE OF THING.A.: I THINK HE WAS KNEELING. I’M NOT SURE, THOUGH.Q.: DID YOU SAY ANYTHING TO HIM ON THE SECOND OCCASION?A.: NO.Q.: WHAT DID YOU DO?A.: I BIT HIM.Q.: WHY?A.: BECAUSE I WAS SCARED.Q.: HOW HARD?A.: AS HARD AS I COULD.Q.: HOW LONG?A.: AS LONG AS I COULD.Q.: THEN WHAT DID HE DO?A.: HE STOPPED.Q.: DID YOU SAY ANYTHING TO HIM?A.: NO.Q.: DID HE SAY ANYTHING TO YOU?A.: NO.Q.: FROM THERE HE WENT WHERE?A.: TO LISA’S BEDSIDE.Q.: SHE WAS ACTUALLY IN THE BED?A.: YEAH.Q.: AND YOU AND YOUR SISTER WERE SLEEPING ON THE FLOOR?A.: YES.Q.: WHEN YOU WERE LOOKING AT HIM OVER BY LISA, DO YOU KNOW WHAT PART OF HIM YOU WERE LOOKING AT? FRONT, BACK, SIDE IS WHAT I’M AFTER.A.: THE SIDE.Q.: AND HE DID WHAT?A.: HE WAS ADJUSTING THE SIDES OF HIS SHORTS.Q.: FROM THERE WHERE DID HE GO?A.: HE LEFT THE ROOM.Q.: DO YOU KNOW WHETHER OR NOT ANY OF THE OTHER KIDS IN THE ROOM WERE AWAKE WHILE THIS WAS GOING ON?A.: NO, I DON’T.Q.: DID YOU EVER TALK WITH ANY OF THE OTHER KIDS IN THE ROOM ABOUT WHAT HAD HAPPENED?A.: NO.Q.: AFTER HE LEFT THE ROOM, WHAT DID YOU DO, JENNY?A.: I WAITED FOR A LITTLE WHILE TO MAKE SURE THAT HE WAS GONE, AND THEN I WENT DOWNSTAIRS AND TOLD MY MOM THAT UNCLE DAVE WAS IN THE ROOM AND HE WAS BEING WEIRD AND IT BOTHERED ME.Q.: WHERE DID YOU FIND YOUR MOM?A.: ON DOWNSTAIRS IN THE DINING ROOM/KITCHEN AREA.Q.: AND WHAT YOU JUST TOLD US THAT YOU TOLD HER, DID YOU GIVE ANY MORE DETAILS THAN THAT?A.: NO.Q.: WHY NOT?A.: BECAUSE I WAS TOO SCARED I GUESS.Q.: WHAT WAS YOUR MOM’S REACTION WHEN YOU CONVEYED THAT INFORMATION?A.: SHE JUST WENT AND TUCKED ME BACK IN BED AND THEN WENT AND TALKED TO HIM.Q.: DO YOU KNOW THAT SHE TALKED TO YOUR UNCLE BECAUSE YOU SAW HER DO THAT OR YOU FOUND OUT THAT SHE DID THAT?A.: SHE TOLD ME LATER ON THAT SHE TALKED TO HIM.Q.: ONCE YOU GOT BACK IN BED, DID ANYONE COME BACK AND BOTHER YOU ANY MORE THAT NIGHT?A.: NO.Q.: HAVE YOU EVER SPOKEN TO THE DEFENDANT ABOUT WHAT HE DID TO YOU THAT NIGHT?A.: NO.Q.: HAS IT EVER BEEN BROUGHT UP IN YOUR PRESENCE FROM THEN UNTIL NOW —A.: NO.Q.: — WITH THE DEFENDANT?A.: NO.Q.: WHEN WAS THE NEXT TIME THE SUBJECT WAS RAISED AS FAR AS YOU KNOW?A.: WHEN A POLICE DETECTIVE CALLED ME IN FEBRUARY.Q.: WAS THAT ABOUT THE TIME THAT DANIELLE VAN DAM WAS REPORTED MISSING?A.: YES.Q.: THAT REPORTER, I’M SORRY, THAT POLICE DETECTIVE THAT SPOKE WITH YOU, ON THE PHONE OR IN PERSON?A.: ON THE PHONE.Q.: DO YOU KNOW IF YOU WERE THE FIRST ONE SHE WAS TO SPEAK WITH THAT EVENING?A.: SHE TOLD ME THAT SHE HAD TALKED TO MY MOM EARLIER.Q.: ALL RIGHT. WERE YOU LIVING WITH YOUR PARENTS AT THAT TIME?A.: NO. I WAS LIVING IN THE DORMS.Q.: OKAY. WHAT DID SHE ASK YOU?A.: SHE ASKED ME IF I REMEMBERED HIM DOING ANYTHING TO ME WHEN I WAS YOUNGER.Q.: WHAT DID YOU TELL HER?A.: I TOLD HER THAT I REMEMBERED A TIME WHEN HE CAME IN THE ROOM AND WAS BOTHERING ME AND I DIDN’T REMEMBER ANY DETAILS.Q.: DID YOU GIVE HER THE DETAILS?A.: NO.Q.: WHY NOT?A.: BECAUSE —
MR. BOYCE: OBJECTION. RELEVANCE.
THE COURT: OVERRULED.
YOU CAN ANSWER.
THE WITNESS: I WAS HALF ASLEEP WHEN SHE CALLED ME, AND SHE WOKE ME UP. AND I WAS AFRAID THAT I WOULD UPSET MY FAMILY.
BY MR. DUSEK:Q.: SO YOU DIDN’T GIVE HER THE DETAILS?A.: NO.Q.: WHEN WAS THE NEXT TIME YOU TOLD SOMEBODY ABOUT THIS?A.: A COUPLE DAYS LATER I TALKED TO MY BOYFRIEND ABOUT IT.Q.: IS HE STILL YOUR BOYFRIEND?A.: YES.Q.: WHY DID YOU TALK TO HIM?A.: BECAUSE HE’S SOMEBODY I TRUST A LOT.Q.: DID YOU TELL HIM?
MR. BOYCE: OBJECTION. HEARSAY AND RELEVANCE.
THE COURT: YOU CAN ANSWER THAT YES OR NO IF YOU TOLD HIM.
THE WITNESS: YES.
BY MR. DUSEK:Q.: DID YOU TELL SOMEBODY ELSE AFTER THAT?A.: I TALKED TO MY PARENTS ABOUT IT AFTER THAT. OR MY MOM.Q.: WHY?A.: BECAUSE I WAS UPSET ABOUT IT.Q.: THEN DID YOU REPORT IT TO SOMEBODY AFTER SPEAKING WITH YOUR MOM?A.: YES. WELL, KIND OF.Q.: ALL RIGHT.A.: FIRST I TALKED TO MARION.Q.: MARION PASAS, THE DEFENSE INVESTIGATOR?A.: YES.Q.: SHE WAS THE FIRST ONE THAT WAS A REAL PART OF THIS CASE THAT YOU SPOKE WITH?A.: YES.
MR. FELDMAN: OBJECTION. MISSTATES. D. L. WILLIAMS IS A REAL PARTY, YOUR HONOR.
THE COURT: OVERRULED.
NEXT QUESTION.
BY MR. DUSEK:Q.: WHERE DID YOU SPEAK WITH HER?A.: AT MY HOUSE.Q.: WAS IT TAPE-RECORDED?A.: NO.Q.: WHO WAS PRESENT WHEN YOU SPOKE WITH HER?A.: JUST MARION AND I.Q.: DID YOU TELL HER WHAT YOU HAVE TOLD US HERE?A.: I DIDN’T GIVE HER ALL THE DETAILS. I JUST TOLD HER THAT HE CAME IN THE ROOM AND WAS PUTTING HIS FINGERS IN MY MOUTH, AND THAT’S IT.Q.: DID YOU THEN TELL SOMEONE ELSE?A.: I TALKED TO MY DAD ABOUT IT AFTER THAT.Q.: AND DID YOU GET SOME ADVICE?A.: YES.Q.: WHAT WAS THE ADVICE?
MR. BOYCE: OBJECTION. RELEVANCE.
THE COURT: OVERRULED.
MR. FELDMAN: HEARSAY.
THE COURT: HEARSAY, SUSTAINED.
MR. DUSEK: NOT BEING OFFERED FOR THE TRUTH BUT TO SHOW —
THE COURT: LADIES AND GENTLEMEN, THIS ANSWER TO THE NEXT QUESTION IS NOT BEING OFFERED FOR THE TRUTH, JUST THE ACTIONS TAKEN BY THE WITNESS.
ALL RIGHT. DO YOU EVEN REMEMBER THE QUESTION NOW?
THE WITNESS: NO.
THE COURT: THAT’S PROBABLY WHAT HAPPENS.
BOB, WHY DON’T YOU READ IT BACK.
(THE FOLLOWING WAS READ BY THE REPORTER:
“Q.: AND DID YOU GET SOME ADVICE?
“A.: YES.
“Q.: WHAT WAS THE ADVICE?”)
THE WITNESS: MY DAD TOLD ME TO — THAT HE — I DIDN’T HAVE TO SAY ANYTHING IF I DIDN’T WANT TO. BUT HE IS REALLY BIG ON TELLING THE TRUTH, SO HE WANTED ME TO TELL THE TRUTH.
BY MR. DUSEK:Q.: DID YOU CONTACT SOMEBODY THEN?A.: YES.Q.: WHO?A.: YOUR OFFICE.Q.: AND WE ARRANGED AN INTERVIEW?A.: YES.Q.: WAS IT TAPE-RECORDED?A.: YES.Q.: AND YOU AGREED TO COME IN HERE AND TELL US WHAT YOU’VE JUST TOLD US?A.: YES.Q.: WHEN YOU FIRST SPOKE WITH US, THE DISTRICT ATTORNEY’S OFFICE, AND WHEN YOU FIRST SPOKE WITH MARION PASAS, DID YOU MENTION THE PART ABOUT THE DEFENDANT ADJUSTING HIS SHORTS?A.: NO.Q.: WHY NOT?A.: BECAUSE IT SCARED ME TOO MUCH. I DON’T KNOW IF IT MEANT ANYTHING OR NOT. BUT IT JUST FREAKED ME OUT A LOT. SO I DIDN’T SAY ANYTHING.Q.: AFTER WE HAD OUR TAPE-RECORDED INTERVIEW WITH YOU AND THEN WE MET ALSO IN MY OFFICE, DIDN’T WE, ON A SECOND OCCASION?A.: YES.Q.: WAS IT AFTER THAT THAT YOU REPORTED THE SHORTS PART OF THIS INCIDENT?A.: YES.Q.: WHO DID YOU FIRST REPORT IT TO?A.: FIRST I TRIED CONTACTING YOUR OFFICE, BUT IT WAS A SATURDAY, SO I DON’T THINK YOU GUYS WERE HERE. AND THEN I TALKED TO MR. FELDMAN AND MARION.Q.: DID YOU TELL THEM?A.: YES.Q.: AND THEN DID YOU NOTIFY US ALSO?A.: YES.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.

CROSS-EXAMINATION BY MR. FELDMAN:Q.: WHEN YOU TALKED TO MY OFFICE, WAS THAT THE SAME WEEKEND THAT YOU HAD CALLED MR. DUSEK?A.: YES.Q.: WE ACTUALLY TALKED ON THE WEEKEND?A.: YES.Q.: I’M JUST GOING TO TRY TO GO IN CHRONOLOGICAL ORDER. OKAY? YOU TOLD MR. DUSEK THAT YOU HAD A CONVERSATION WITH A POLICE OFFICER NAMED D. L. WILLIAMS. WELL, WITH DONNA WILLIAMS. DONNA WILLIAMS. DO YOU REMEMBER THAT?A.: YES.Q.: AND I THINK YOU TOLD US SHE CALLED YOU UP ON THE TELEPHONE. IS THAT RIGHT?A.: YES.Q.: AND THAT WAS THE FIRST TIME THAT ANYBODY FROM LAW ENFORCEMENT HAD TALKED TO YOU ABOUT THE CASE, IS THAT RIGHT?A.: YES.Q.: WHEN OFFICER WILLIAMS CALLED YOU UP, SHE TOLD YOU THAT IT WAS IMPORTANT FOR YOU TO BE AS COMPLETE AS YOU COULD IN TELLING HER THE TRUTH, RIGHT?A.: YES.Q.: AND SHE DID EVERYTHING SHE COULD, AS FAR AS YOU COULD TELL, TO MAKE YOU COMFORTABLE IN TALKING TO HER, RIGHT?A.: YES.Q.: SHE TOLD YOU THAT NOTHING YOU SAID COULD HURT YOU, IS THAT RIGHT?A.: I DON’T REMEMBER IF SHE SAID THOSE EXACT WORDS.Q.: BUT SHE DID ENCOURAGE YOU TO TELL THE COMPLETE TRUTH.A.: YES.Q.: AND AS BEST YOU COULD, YOU DIDN’T DELIBERATELY LIE TO HER, DID YOU?A.: NO.Q.: YOU TOLD HER THE TRUTH AS BEST YOU COULD, IS THAT RIGHT?A.: I DIDN’T TELL HER THE WHOLE TRUTH, BUT I GUESS SO.Q.: WHAT YOU TOLD MISS WILLIAMS WAS THAT YOU REALLY DIDN’T REMEMBER IN GREAT DETAIL WHAT HAD HAPPENED, IS THAT RIGHT?A.: YES.Q.: NOW, SINCE YOU TALKED WITH MISS WILLIAMS, THINGS HAVE BEEN COMING BACK TO YOU IN A MANNER OF SPEAKING. IS THAT RIGHT?A.: YES.Q.: SO, FOR INSTANCE, WHAT YOU TOLD THE JURY TODAY ABOUT MR. WESTERFIELD’S SHORTS, THAT’S SOMETHING THAT’S COME BACK TO YOU SINCE YOU FIRST STARTED TALKING ABOUT THE EVENT, IS THAT RIGHT?A.: WELL, I REMEMBERED IT BACK WHEN I REMEMBERED EVERYTHING ELSE, BUT I DIDN’T SAY ANYTHING ABOUT IT TO ANYBODY EXCEPT MY BOYFRIEND.Q.: YOU REMEMBER WHEN YOU CAME TO MY OFFICE TELLING MARION AND I THAT YOU HAD BEEN SLEEPING OR YOU WOKE UP ONE MORNING AND YOU STARTED TO REMEMBER SOME DETAILS ABOUT THE COLOR OF THE PANTS?A.: I MISSED THE QUESTION. I’M SORRY.Q.: YOU REMEMBER AT LEAST BEING SOMEWHAT CONCERNED ABOUT YOUR ABILITY TO REMEMBER IN DETAIL THE PANTS THAT MR. WESTERFIELD WAS WEARING.A.: YEAH.Q.: AND DO YOU REMEMBER TELLING US THAT YOU HAD GONE TO SLEEP ONE NIGHT AND YOU HAD WOKEN UP THE NEXT MORNING AND SOMETHING HAD COME TO YOU ABOUT HOW IT WAS YOU COULD REMEMBER WHAT SORT OF PANTS HE WAS WEARING?A.: YEAH.Q.: AND THAT OCCURRED WITHIN THE PAST TWO OR THREE WEEKS, IS THAT RIGHT?A.: NO. I ACTUALLY DID REMEMBER THAT THE WHOLE TIME. I JUST WAS TOO AFRAID TO SAY ANYTHING TO ANYBODY.Q.: SO WHEN YOU TALKED WITH MARION THE FIRST TIME, DID YOU LIE TO HER?A.: NO.Q.: WHEN YOU TALKED WITH MR. DUSEK THE FIRST TIME, DID YOU LIE TO HIM?A.: NO.Q.: WITH REGARD TO THE EVENT, IS IT THE CASE THAT YOUR FAMILY WAS VISITING WITH MR. WESTERFIELD’S FAMILY?A.: YES.Q.: AND AT THE TIME MR. WESTERFIELD HAD TWO CHILDREN, RIGHT?A.: YES.Q.: THESE ARE YOUR COUSINS, RIGHT?A.: YES.Q.: LISA AND DAVID?A.: YES.Q.: LISA AND NEAL. ACTUALLY IT’S DAVID NEAL, RIGHT?A.: UH-HUH.Q.: ACTUALLY IF YOU SAY UH-HUH, YOU’RE SUPPOSED TO SAY —A.: YES.Q.: AND YOUR DAD IS IN THE COURTROOM TODAY, ISN’T HE?A.: YES.Q.: AND YOUR MOM IS OUTSIDE, ISN’T SHE?A.: YES.Q.: AND BEFORE YOU CAME TO COURT JUST NOW, DID YOU MEET WITH MR. DUSEK?A.: YES.Q.: MR. DUSEK STARTED HIS QUESTIONS BY SAYING ABOUT TWELVE YEARS AGO. YOU DON’T HAVE A SPECIFIC MEMORY EXACTLY HOW LONG AGO THIS WAS, DO YOU?A.: NO.Q.: COULD HAVE BEEN THIRTEEN YEARS AGO?A.: YES.Q.: COULD HAVE BEEN FOURTEEN YEARS AGO?A.: YES. I GUESS.Q.: AND, I’M SORRY, HOW OLD ARE YOU NOW?A.: NINETEEN.Q.: SO FOURTEEN YEARS AGO YOU WOULD HAVE BEEN FIVE?A.: YES.Q.: AND I THINK YOU TOLD US THAT YOU HAD A SISTER THAT WAS IN YOUR ROOM.A.: YES.Q.: I’M SORRY. IN THE ROOM.A.: YES.Q.: HOW MUCH OLDER ARE YOU THAN YOUR SISTER?A.: THREE YEARS.Q.: SO IN THE BEDROOM THAT WAS — WELL, YOU AND YOUR SISTER AND LISA WERE I GUESS — HAD GONE TO BED IN LISA’S BEDROOM ON THE NIGHT OF THE PARTY. IS THAT RIGHT?A.: YES.Q.: AND THEN YOU WENT TO SLEEP, IS THAT RIGHT?A.: YES.Q.: AND THEN OUT OF YOUR SLEEP YOU REMEMBER MR. WESTERFIELD HAVING FINGERS IN YOUR MOUTH, RIGHT?A.: YES.Q.: AND THEN YOU REMEMBER HIM WALKING AROUND A LITTLE BIT, IS THAT RIGHT?A.: YES.Q.: AND THEN HE DID IT AGAIN, IS THAT RIGHT?A.: YES.Q.: HE DIDN’T DO ANYTHING OTHER THAN THAT, DID HE?A.: NO.Q.: IN FACT, NEVER HAPPENED AGAIN, DID IT?A.: NO.Q.: HE NEVER BOTHERED YOU EVER AGAIN, DID HE?A.: NO.Q.: YOU NEVER FELT UNCOMFORTABLE AROUND HIM EVER AGAIN, DID YOU?A.: NO.Q.: WHEN YOU SAY NO, YOU’RE AGREEING WITH ME, AREN’T YOU?A.: YES.Q.: ALL RIGHT. YOUR FAMILY CONTINUED TO HAVE PARTIES AT HIS HOUSE, IS THAT RIGHT?A.: YES.Q.: YOU CONTINUED TO SOCIALIZE WITH THE KIDS, WITH YOUR COUSINS, —A.: YES.Q.: — IS THAT RIGHT? AND THAT NIGHT YOU DID TALK TO YOUR MOM, THE NIGHT OF THE EVENT, IS THAT RIGHT?A.: YES.Q.: IN FACT, YOU WENT DOWNSTAIRS, IS THAT RIGHT?A.: YES.Q.: AND YOU TOLD YOUR MOM THAT YOU FELT A LITTLE UNCOMFORTABLE BECAUSE YOUR UNCLE WAS — YOU THOUGHT HE WAS BOTHERING YOU, IS THAT RIGHT?A.: YES.Q.: AND THAT WAS THE LAST TIME YOU AND SHE EVER TALKED ABOUT IT, IS THAT RIGHT?A.: YES.Q.: WHEN YOU TALKED TO D. L. WILLIAMS, YOU TOLD HER THAT YOU WERE FIVE OR SIX YEARS OLD. DO YOU REMEMBER THAT?A.: YES.Q.: THE PICTURE BEHIND YOU, I DON’T KNOW THE NUMBER, I CAN’T SEE IT, I’M SORRY, IF YOU COULD JUST TURN, COULD YOU TELL US HOW OLD YOU WERE IN THAT PICTURE?A.: MY MOM AND I THINK IT’S ABOUT SEVEN.Q.: OKAY. SO YOU WOULD HAVE BEEN YOUNGER THAN THAT, THAN IT APPEARS IN THE PICTURE, IS THAT RIGHT?A.: YES.Q.: SO THAT PICTURE DOES NOT ACCURATELY MAKE — DEPICT YOU THE WAY YOU LOOKED WHEN YOU WERE FIVE.A.: I GUESS NOT.Q.: NOW, ONE OF THE REASONS YOU TOLD US — I’M SORRY. ON DIRECT EXAMINATION YOU TALKED ABOUT BEING UNCOMFORTABLE. DID YOU TELL OFFICER WILLIAMS THAT YOU FELT UNCOMFORTABLE BECAUSE EVERYONE ELSE WITH THE EXCEPTION OF YOUR SISTER WAS DOWNSTAIRS?A.: I FELT UNCOMFORTABLE BECAUSE IT SEEMED WEIRD THAT HE HAD HIS FINGERS IN MY MOUTH.Q.: BUT LISTEN TO WHAT I’M ASKING YOU. YOU WERE INTERVIEWED BY D. L. WILLIAMS.A.: UH-HUH. YES. SORRY.Q.: OKAY. AND — I’M SORRY. BEFORE YOU CAME TO COURT WERE YOU SHOWN COPIES OF WHAT YOU SAID TO D. L. WILLIAMS?A.: YES.Q.: CERTAINLY MY OFFICE, DO YOU REMEMBER BEING SHOWN COPIES?A.: YES.Q.: AND YOU READ IT, IS THAT RIGHT?A.: YES.Q.: SO DO YOU REMEMBER NOW HAVING TOLD D. L. WILLIAMS THAT YOU FELT UNCOMFORTABLE BECAUSE EVERYONE ELSE WITH THE EXCEPTION OF YOUR SISTER WAS DOWNSTAIRS?A.: I GUESS SO. I DON’T REALLY REMEMBER THE CONVERSATION.Q.: WOULD LOOKING AT THE REPORT HELP YOU REMEMBER THE CONVERSATION?A.: SURE.Q.: YOU’LL SEE THAT WE HAVE UNDERLINED.A.: (THE WITNESS READ THE DOCUMENT.) OKAY.Q.: JUST ASKING YOU DID YOU HAVE A CHANCE TO READ WHAT I JUST SHOWED YOU.A.: YES.Q.: AND DID THAT GIVE YOU AN OPPORTUNITY TO HELP YOU REMEMBER WHAT YOU TOLD D. L. WILLIAMS?A.: YES.Q.: AND DID YOU TELL D. L. WILLIAMS THAT YOU FELT UNCOMFORTABLE BECAUSE EVERYONE ELSE WITH THE EXCEPTION OF YOUR SISTER WAS DOWNSTAIRS?A.: YES.Q.: AND YOU TOLD D. L. WILLIAMS YOU DON’T RECALL ANYTHING ELSE OCCURRING, CORRECT?A.: YES.Q.: NOW, YOU TOLD — ALL RIGHT. ACTUALLY YOU ALSO TOLD OFFICER WILLIAMS THAT MR. WESTERFIELD, YOUR UNCLE, HAD NEVER SAID OR DONE ANYTHING THAT MADE YOU FEEL UNCOMFORTABLE OTHER THAN THIS ONE PARTICULAR EVENT. IS THAT RIGHT?A.: YES.
MR. FELDMAN: YOUR HONOR, BEFORE I ASK THE NEXT QUESTION, I THINK I BETTER ASK FOR A SIDEBAR.
THE COURT: ALL RIGHT.
BOB.
(SIDEBAR DISCUSSION, OUT OF THE HEARING OF THE JURY,
AS FOLLOWS:
(PROCEEDINGS NOT PART OF THE PUBLIC RECORD.)
(PROCEEDINGS NOT PART OF THE PUBLIC RECORD.)
(PROCEEDINGS NOT PART OF THE PUBLIC RECORD.)
(END OF SIDEBAR DISCUSSION.)
BY MR. FELDMAN:Q.: YOU’RE VERY CLOSE TO YOUR COUSINS NOW, AREN’T YOU?A.: YES.Q.: AND YOU’RE NOT REAL COMFORTABLE BEING HERE, ARE YOU?A.: NO.
(DISCUSSION OFF THE RECORD AMONG THE DEFENSE.)
MR. FELDMAN: THANK YOU.
NOTHING FURTHER.
THE COURT: ALL RIGHT.
ANYTHING FURTHER?

REDIRECT EXAMINATION BY MR. DUSEK:Q.: JENNY, YOU WERE SHOWN A POLICE REPORT TO LOOK AT. DO YOU ACTUALLY REMEMBER SAYING THOSE STATEMENTS THAT ARE IN THE POLICE REPORT OR ARE YOU JUST AGREEING BECAUSE IT’S WRITTEN DOWN?A.: JUST AGREEING ‘CAUSE IT’S WRITTEN DOWN.Q.: ALL RIGHT. THERE WERE QUESTIONS ASKED THAT PERHAPS YOU WERE FIVE OR SIX WHEN THESE EVENTS TOOK PLACE. DO WE HAVE PICTURES OF YOU AT FIVE AND SIX?A.: YES.Q.: IN FACT, WE GOT SOME SCHOOL PICTURES FROM YOU AND YOUR MOTHER THROUGH A WIDE AGE RANGE, DIDN’T WE?A.: YES.Q.: I’VE HAD MARKED AS COURT’S EXHIBIT 206 A PHOTOGRAPH OF A BLOND GIRL WEARING A BLUE TOP. DO YOU RECOGNIZE WHAT WE HAVE DEPICTED HERE?A.: YES.
(PHOTOGRAPH MARKED TRIAL EXHIBIT NUMBER 206 FOR IDENTIFICATION.)
BY MR. DUSEK:Q.: WHO’S THAT?A.: ME.Q.: AT WHAT AGE?A.: FIVISH.Q.: ALL RIGHT. AND I’VE HAD MARKED AS COURT’S EXHIBIT 207 ANOTHER PHOTOGRAPH DEPICTING A DARKER-HAIRED GIRL. DO YOU RECOGNIZE WHAT WE HAVE DEPICTED THERE?A.: YES.
(PHOTOGRAPH MARKED TRIAL EXHIBIT NUMBER 207 FOR IDENTIFICATION.)
BY MR. DUSEK:Q.: WHO’S THAT?A.: ME.Q.: IS THAT WHEN YOU WERE SIX YEARS OLD?A.: YES.Q.: WERE ALL OF THOSE SCHOOL PICTURES?A.: NOT THE ONE IN THE BLUE TOP I DON’T THINK.Q.: ALL RIGHT. THE BLUE TOP, WHICH IS COURT’S EXHIBIT 206?A.: YES.
MR. DUSEK: THANK YOU, MA’AM.
NOTHING FURTHER.
THE COURT: ALL RIGHT.
ANYTHING FURTHER?

RECROSS-EXAMINATION BY MR. FELDMAN:Q.: JUST WITH REGARD TO THE PICTURE ON THE LEFT, YOUR HAIR IS ACTUALLY, IF WE LOOK AT THE TWO PICTURES, YOUR HAIR IS DARKER ON THE ONE ON MY RIGHT THAN THE ONE ON MY LEFT. IS IT FAIR TO SAY THE ONE TO MY LEFT YOUR HAIR IS LIGHTER THAN IT REALLY WAS, IN APPEARANCE, ANYWAY?A.: NO. ACTUALLY WHEN I WAS YOUNGER I WAS REALLY BLOND.Q.: WHEN YOU WERE YOUNGER IN 207, DID YOUR HAIR DARKEN IN, WHAT, A YEAR OR SO?A.: I GUESS SO.
MR. FELDMAN: OKAY.
NO FURTHER.
THE COURT: ALL RIGHT.
IS THIS WITNESS TO BE EXCUSED, COUNSEL?
MR. DUSEK: YES.
THE COURT: ALL RIGHT.
JENNY, THANK YOU VERY MUCH FOR COMING IN. YOU ARE FREE TO LEAVE THESE PROCEEDINGS. YOU ARE UNDER AN ADMONITION, HOWEVER, NOT TO DISCUSS YOUR TESTIMONY UNTIL THE MATTER IS FINALLY CONCLUDED.
MR. FELDMAN: YOUR HONOR, JUST TECHNICALLY SUBJECT TO RECALL.
THE COURT: ALL RIGHT.
OKAY. FINE. THEN YOU WILL BE SUBJECT TO RECALL. IF THEY NEED YOU, THEY’LL CALL YOU.
THE WITNESS: OKAY.
THE COURT: THANK YOU.
(THE WITNESS WAS EXCUSED.)
MR. DUSEK: JEANNE N.
THE COURT: ALL RIGHT.
(TO THE T.V. CAMERAMAN): PLEASE REMEMBER. ALL RIGHT. THANK YOU.

JEANNE N.,
CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: MA’AM, WOULD YOU PLEASE STATE YOUR FIRST NAME AND THE INITIAL OF YOUR LAST NAME.
THE WITNESS: JEANNE N.

DIRECT EXAMINATION BY MR. DUSEK:Q.: SPELL YOUR FIRST NAME.A.: J-E-A-N-N-E.Q.: ARE YOU JENNY’S MOM?A.: YES.Q.: ARE YOU OR WERE YOU SOMEHOW RELATED TO THE WESTERFIELD FAMILY?A.: YES.Q.: HOW?A.: MY HUSBAND IS THE OLDER BROTHER OF DAVID’S EX-WIFE.Q.: WHO IS JACKIE WESTERFIELD?A.: CORRECT.Q.: DID YOUR FAMILY USED TO SOCIALIZE WITH THE WESTERFIELD FAMILY?A.: YES.Q.: I WOULD LIKE TO GO BACK ABOUT TWELVE YEARS OR SO AT A FAMILY GET-TOGETHER AT THE WESTERFIELD RESIDENCE. DO YOU KNOW WHAT I’M TALKING ABOUT?A.: YES.Q.: WHERE DID THE WESTERFIELDS LIVE AT THAT TIME?A.: I THINK THE STREET WAS TREERIDGE OR SOMETHING IN POWAY.Q.: WAS IT A DEAD-END STREET?A.: YES.Q.: AND BACK IN THOSE DAYS WOULD YOUR FAMILY OCCASIONALLY GET TOGETHER WITH HIS FAMILY?A.: YES.Q.: ON THIS OCCASION THAT WE’RE TALKING ABOUT, ARE YOU ABLE TO REMEMBER AT THIS POINT WHAT WAS GOING ON, WHAT WAS THE REASON FOR THE GET-TOGETHER?A.: NO. I DON’T KNOW IF IT WAS FOR SOMETHING SPECIFIC OR NOT.Q.: ON THAT EVENING DID THERE COME A TIME WHEN YOUR CHILDREN WERE PUT TO BED?A.: YES.Q.: WHO WAS RESPONSIBLE FOR THAT?A.: I WOULD ASSUME I OR JACKIE AND I POSSIBLY TOOK THEM UP TO LISA’S ROOM.Q.: AND YOU HAD HOW MANY CHILDREN?A.: TWO.Q.: JENNY BEING ONE?A.: YES.Q.: AND A YOUNGER DAUGHTER?A.: YES.Q.: WHERE WERE THEY PUT TO BED?A.: IN LISA’S ROOM.Q.: WHAT WERE THEY SLEEPING ON?A.: PROBABLY SOME BLANKETS ON THE FLOOR.Q.: SO THERE WAS NOT A BED FOR THEM?A.: NOT AN EXTRA BED, NO.Q.: AFTER THEY WERE PUT TO BED, WHAT DID YOU DO, DO YOU REMEMBER?A.: WENT BACK DOWN TO THE PARTY.Q.: CAN YOU REMEMBER WHO WAS THERE?A.: NOT SPECIFICALLY, NO. I WOULD GUESS FAMILY AND NEIGHBORS IS USUALLY WHO WOULD BE THERE, BUT I CAN’T TELL YOU NAMES, NO. I DON’T KNOW.Q.: HOW OFTEN WOULD YOU GET TOGETHER?A.: FAIRLY OFTEN. WE GOT TOGETHER FOR HOLIDAYS AS WELL AS JUST FOR FUN OCCASIONS. NO SPECIFIC REASON.Q.: DID THERE COME A TIME WHEN YOUR DAUGHTER JENNY CONTACTED YOU THAT EVENING?A.: YES. SHE CAME DOWNSTAIRS TEN OR ELEVENISH I WOULD GUESS BECAUSE I KNOW SHE HAD BEEN UP THERE FOR A WHILE. I DON’T KNOW THE EXACT TIME.Q.: WHERE DID SHE FIND YOU?A.: SOMEWHERE DOWNSTAIRS. I DON’T KNOW. I JUST KNOW SHE FOUND ME AND WANTED TO TALK TO ME.Q.: DID YOU SPEAK WITH HER?A.: YES.Q.: WHAT DID SHE TELL YOU?A.: SHE SAID DAVE HAD BEEN UP IN THE ROOM AND WAS BOTHERING HER. I DON’T REMEMBER SPECIFIC LANGUAGE USED OR ANYTHING LIKE THAT. I JUST GOT THE IMPRESSION THAT SHE WAS UNCOMFORTABLE WITH WHATEVER IT WAS THAT HE DID.Q.: DID SHE IDENTIFY WHICH DAVID SHE WAS TALKING ABOUT?A.: I WOULD GUESS JUST UNCLE DAVE. I DON’T KNOW THAT THERE’S ANOTHER DAVE AT THAT POINT THAT SHE KNEW.Q.: HAD SHE RECEIVED ANY TRAINING EITHER AT THE HOUSE OR IN SCHOOL REGARDING REPORTING INAPPROPRIATE —A.: YES. IN PRESCHOOL AS WELL AS IN ELEMENTARY SCHOOL THEY HAD A PROGRAM AT THAT TIME AT LEAST THAT THEY’VE TAUGHT THE KIDS IF SOMEONE DOES SOMETHING THAT MAKES YOU UNCOMFORTABLE TO TELL AN ADULT ABOUT IT.Q.: WHAT WAS HER ATTITUDE OR DEMEANOR AS SHE WAS REPORTING THIS TO YOU?A.: WELL, SHE WAS JUST SLEEPY AND FUSSY FROM BEING WAKED UP. AND I DON’T KNOW HOW AWAKE SHE REALLY WAS, BUT SHE WAS UPSET ABOUT WHATEVER HAD HAPPENED.Q.: WHAT DID YOU DO?A.: WELL, I CALMED HER DOWN AND TOOK HER BACK UP TO BED AND TOLD HER I WOULD GO TALK TO DAVE.Q.: SO YOU THEN PUT HER BACK TO BED?A.: RIGHT.Q.: DID YOU DO ANYTHING?A.: YES. I WENT AND FOUND DAVE.Q.: WHY?A.: BECAUSE I WANTED TO KNOW WHAT HAD HAPPENED.Q.: DID YOU FIND HIM?A.: YES, I DID.Q.: DO YOU SEE DAVE HERE IN COURT?A.: YES.Q.: WOULD YOU POINT HIM OUT, PLEASE, AND DESCRIBE WHAT HE’S WEARING TODAY.A.: BLACK SUIT, WHITE SHIRT, DARK TIE.
MR. DUSEK: MAY THE RECORD REFLECT SHE’S IDENTIFIED THE DEFENDANT?
THE COURT: YES.
BY MR. DUSEK:Q.: DO YOU RECALL WHO WAS PRESENT WHEN YOU SPOKE WITH HIM?A.: I DON’T KNOW THAT ANYBODY WAS.Q.: WHAT HAPPENED?A.: I TOLD HIM THAT JENNY WAS UPSET, THAT HE HAD BEEN UP THERE BOTHERING HER. WHAT WAS GOING ON. HE SAID SHE HAD BEEN FUSSING IN HER SLEEP, AND HE WAS COMFORTING HER.Q.: WHERE WAS THE BEDROOM?A.: UPSTAIRS.Q.: WHERE WERE YOU GUYS PARTYING?A.: DOWNSTAIRS.Q.: WERE YOU AWARE THAT HE HAD GONE UPSTAIRS?A.: NOT PARTICULARLY. THERE WAS ALSO A BIG GAME ROOM UPSTAIRS THAT SOMETIMES WE ALSO WERE IN WHEN WE PARTIED. I DON’T REMEMBER AT THAT TIME IF WE WERE UPSTAIRS OR NOT, BUT MOST OF US WERE GENERALLY DOWNSTAIRS.Q.: DID HE EXPLAIN TO YOU HOW HE KNEW SHE WAS FUSSING IN HER SLEEP?A.: NO.Q.: DID HE EXPLAIN WHY HE WAS IN THE ROOM IN THE FIRST PLACE?A.: NOT THAT I CAN RECALL.Q.: DID HE SAY ANYTHING ELSE?A.: I CAN’T RECALL ANY SPECIFIC WORDS. JUST THE GENERAL IDEA OF WHAT THE DISCUSSION WAS. IT SEEMED LIKE A REASONABLE EXPLANATION. AND THAT WAS — I DIDN’T QUESTION IT FURTHER.Q.: SO YOU LET IT GO?A.: YES.Q.: DID YOU REPORT BACK TO YOUR DAUGHTER THE CONTENTS OF YOUR DISCUSSION WITH THE DEFENDANT?A.: NOT THAT I RECALL, NO.Q.: DID YOU BRING IT UP AT ANY OTHER TIME UNTIL THIS CASE GOT GOING?A.: NO.Q.: WHEN WAS THE NEXT TIME, IF ANY, THAT ANYONE ASKED YOU ABOUT THIS?A.: WHEN THE POLICE CALLED. I DON’T REMEMBER IF IT WAS SUNDAY OR MONDAY NIGHT.Q.: WOULD THAT HAVE BEEN ABOUT FEBRUARY 4TH OR 5TH WHEN DANIELLE VAN DAM WAS INITIALLY REPORTED MISSING?A.: RIGHT. CORRECT.Q.: WHO CONTACTED YOU?A.: IT WAS A FEMALE DETECTIVE. I DON’T REMEMBER HER NAME.Q.: AND DID SHE ASK YOU ANYTHING?A.: YES. SHE SAID DAVE HAD MENTIONED AN INCIDENT, AND THEY —
MR. FELDMAN: OBJECTION. THIS IS HEARSAY, YOUR HONOR.
THE COURT: OVERRULED. THIS IS THE BASIS FOR THE ACTION THAT SHE’S TAKEN. YOU MAY EXPLAIN YOUR ANSWER, MA’AM.
THE WITNESS: THEY CALLED JACKIE –
MR. FELDMAN: COULD THE COURT PLEASE GIVE AN ADMONITION?
THE COURT: LADIES AND GENTLEMEN, THE PURPOSE OF ALLOWING THIS ANSWER IS SOLELY TO ALLOW THE WITNESS TO DESCRIBE WHAT SHE DID BASED ON THAT ANSWER. IT’S NOT FOR THE PROOF OF WHAT THE OFFICER SAID TO HER.
YOU MAY ANSWER, MA’AM.
THE WITNESS: THEY CALLED JACKIE TO FIND OUT WHO I WAS AND GET MY PHONE NUMBER AND CALLED ME.
BY MR. DUSEK:Q.: AND DID THEY EXPLAIN OR THE POLICE OFFICER EXPLAIN WHY YOU WERE BEING CONTACTED?A.: YES.Q.: WHAT DID YOU TELL HER?A.: WELL, I EXPLAINED THE INCIDENT, THAT JENNY HAD WOKEN UP AND COME DOWNSTAIRS AND DAVE HAD SAID SHE WAS FUSSING.Q.: DID YOUR DAUGHTER BRING IT UP AGAIN AFTER THAT INITIAL CONTACT WITH LAW ENFORCEMENT?A.: YES. A MONTH OR SO LATER SHE WAS UPSET AND WANTED TO TELL SOME MORE OF WHAT SHE HAD REMEMBERED.Q.: HOW COULD YOU TELL SHE WAS UPSET?A.: WELL, SHE TOLD ME SHE WAS. I COULD TELL SHE WAS KIND OF STRESSED AND NERVOUS. I DON’T KNOW. SHE WANTED TO TALK.Q.: DO YOU KNOW IF SHE EVENTUALLY REPORTED IT TO PEOPLE ON THE DEFENSE SIDE OF THIS CASE?A.: YES. I BELIEVE SO.Q.: HOW DO YOU KNOW?A.: I BELIEVE THAT SHE CALLED THE DETECTIVE OR THE POLICE DEPARTMENT AGAIN. ACTUALLY I DON’T KNOW WHO ALL THEY HAD HER TALK TO, BUT I KNOW EVENTUALLY SHE DID TALK TO BOTH LAWYERS.Q.: ALL RIGHT.
DID YOU GO WITH HER WHEN SHE SPOKE WITH THE DEFENSE ATTORNEYS?A.: NO. I WAS AT WORK.Q.: HOW ABOUT WHEN SHE SPOKE WITH LAW ENFORCEMENT INITIALLY, WERE YOU PRESENT?A.: INITIALLY IT WAS JUST OVER THE PHONE. I DON’T KNOW IF SHE EVER WENT DOWN PERSONALLY.Q.: DO YOU KNOW IF SHE EVER SPOKE WITH A D. A. INVESTIGATOR RICHARD COOKSEY AND A POLICE OFFICER MARIA RIVERA?A.: I DON’T RECOGNIZE THE NAMES.Q.: WAS SHE LIVING AWAY FROM YOU AT THAT —A.: YES.Q.: ALL RIGHT. AND SHE STILL LIVES IN HER OWN PLACE?A.: YES. YES.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.

CROSS-EXAMINATION BY MR. FELDMAN:Q.: GOOD AFTERNOON, MA’AM. YOUR DAUGHTER, YOU JUST — YOU TOLD MR. DUSEK YOUR DAUGHTER HAD SPOKEN TO THE DEFENSE LAWYERS. DO YOU RECALL THAT ACTUALLY YOUR HUSBAND — YOUR HUSBAND IS IN COURT, RIGHT?A.: YES.Q.: YOU RECALL YOUR HUSBAND BROUGHT YOUR DAUGHTER DOWN?A.: YES.Q.: AND YOU WERE TOLD HE ACTUALLY SAT IN WHILE WE TALKED TO YOUR DAUGHTER?A.: WHAT YOU DID, TALKED TO YOU, I’M SORRY?Q.: YES.A.: YES. I KNOW THAT THEY TALKED TO YOU, YES.Q.: AND HAVE YOU TALKED TO MR. DUSEK ANY TIME RECENTLY CONCERNING ANY OF THIS?A.: JUST THIS LAST WEEK.Q.: HOW MANY TIMES?A.: LAST WEEK AND TODAY.Q.: ALL RIGHT. YOU TOLD US TODAY THAT YOU REALLY DIDN’T REMEMBER HOW LONG AGO THIS HAPPENED. THAT’S A FAIR STATEMENT?A.: NOT SPECIFIC, CORRECT.Q.: SO IT COULD HAVE BEEN FIFTEEN YEARS, COULD HAVE BEEN SIXTEEN YEARS, COULD HAVE BEEN SEVENTEEN YEARS.A.: I DON’T THINK SHE WAS THAT LITTLE. BECAUSE MY YOUNGER DAUGHTER WOULD NOT HAVE BEEN LAYING ON THE FLOOR UP THERE WITH HER IF THAT’S THE CASE.Q.: ABOUT WHAT AGE WOULD YOUR YOUNGER DAUGHTER HAVE BEEN?A.: THEY ARE THREE YEARS APART. I WOULD GUESS I WOULDN’T BE LEAVING HER UP THERE ALONE UNLESS SHE WAS AT LEAST TWO, SO THAT WOULD MAKE JENNY AT LEAST FIVE.Q.: SO SOMEWHERE BETWEEN FIVE, SIX, IN THERE, IS THAT RIGHT?A.: SOMEWHERE, YES.Q.: AND WITH REGARD TO THE SPECIFICS, YOU DON’T REALLY HAVE A CLEAR MEMORY OF THE SPECIFICS OF WHAT YOU WERE PARTYING, IS THAT RIGHT?A.: CORRECT.Q.: YOU WOULD AGREE THAT IT’S REALLY HARD TO REMEMBER STUFF THAT HAPPENED FIFTEEN YEARS AGO, RIGHT?A.: CORRECT.Q.: ESPECIALLY WHEN THERE’S NO REAL REASON TO PAY ATTENTION TO WHAT’S GOING ON, IS THAT A FAIR STATEMENT?A.: CORRECT.Q.: SO YOU DON’T REMEMBER HOW ANYBODY WAS DRESSED THAT DAY.A.: NO.Q.: DO YOU REMEMBER WITH REGARD TO THE HOUSE, WERE DAVID NEAL AND LISA IN THE HOUSE AT THE TIME OF THE PARTY? I GUESS THEY WERE BORN BY THEN. RIGHT?A.: YES. YES. I WOULDN’T KNOW WHERE THEY WOULD BE IF THEY WEREN’T THERE. BUT I CAN’T REMEMBER SPECIFICS OF ANYBODY, NO.Q.: SO DO YOU REMEMBER WHETHER OR NOT, FOR INSTANCE, YOUR DAUGHTERS WERE SLEEPING IN LISA’S ROOM?A.: YES, THEY WERE DEFINITELY IN LISA’S ROOM.Q.: AND YOU SAID THAT WAS UPSTAIRS, IS THAT RIGHT?A.: CORRECT.Q.: AND YOU ALSO TOLD US THAT THERE WAS I UNDERSTOOD YOU TO SAY A PLAY ROOM OF SOME KIND.A.: THERE WAS A LARGE GAME ROOM. THEY HAD A POOL TABLE AND STUFF UP THERE.Q.: A BATHROOM?A.: YES. THERE’S A BATHROOM UPSTAIRS. A COUPLE I THINK.Q.: AND WAS THE BATHROOM NEXT TO THE ROOM THAT LISA WAS SLEEPING IN, DO YOU RECALL?A.: I THINK IT WAS BETWEEN THE KIDS’ ROOMS.Q.: I’M SORRY. YOU SAY BETWEEN THE KIDS’ ROOMS. THAT SUGGESTED THERE WAS A ROOM FOR NEAL AND —A.: ONE FOR NEAL AND ONE FOR LISA, YES.Q.: AFTER YOUR DAUGHTER TALKED TO YOU ABOUT WHAT HAPPENED, I THINK YOU TOLD US SHE WAS SLEEPY AND FUSSY FROM BEING WOKEN UP. WHEN YOUR DAUGHTER IS SLEEPY AND IS WOKEN UP, WAS SHE FUSSY?A.: IT WAS THE MIDDLE OF THE NIGHT. YEAH.Q.: AND FROM TIME TO TIME SHE WOULD WAKE UP IN THE MIDDLE OF THE NIGHT, IS THAT RIGHT?A.: SOMETIMES.Q.: AND IF SHE WAS WAKEN UP IN THE MIDDLE OF THE NIGHT, SOMETIMES SHE MIGHT BE FUSSY, IS THAT —A.: YES.Q.: YOU DIDN’T OBSERVE ANY INJURIES ON HER, DID YOU?A.: NO.Q.: SHE NEVER TOLD YOU AT LEAST FOR YEARS, I GUESS UNTIL JUST WITHIN THE PAST COUPLE WEEKS, ANYTHING ABOUT CLAIMING THAT HER UNCLE HAD PUT HIS FINGERS IN HER MOUTH, RIGHT?A.: CORRECT.Q.: FOR YEARS SHE NEVER SAID A WORD.A.: CORRECT.Q.: NOW, YOU TOLD US YOUR DAUGHTER HAD SOME FORM OF TRAINING IN I GUESS WHEN IT WAS APPROPRIATE TO REPORT. DID YOU FOLLOW UP, DID YOU ALSO RECEIVE THAT KIND OF TRAINING?A.: WELL, THEY GAVE US INFORMATION FROM THE SCHOOL, FLYERS OR SOMETHING TO THAT EFFECT, THE KIDS BROUGHT STUFF HOME THAT — AGAIN, YOU KNOW, DAVE’S EXPLANATION WAS A REASONABLE EXPLANATION TO ME. I DIDN’T DO ANY OTHER FOLLOWUP OF ANY KIND.Q.: THERE WERE NO RED FLAGS, CORRECT?A.: NO.Q.: AND YOU SAY NO. YOU ARE AGREEING WITH ME?A.: CORRECT. I’M SORRY.Q.: THAT’S OKAY. AFTER THE EVENT — I’M SORRY. DO YOU RECALL WHEN YOU TALKED TO DAVID ABOUT WHAT YOUR DAUGHTER HAD SAID HE WAS COMPOSED, HE WAS APPROPRIATE, IS THAT CORRECT?A.: CORRECT.Q.: AND HE SEEMED REASONABLE FROM WHAT HE SAID TO YOU, IS THAT RIGHT?A.: CORRECT.Q.: AND YOU HAD NO REASON TO DISBELIEVE HIM, IS THAT RIGHT?A.: CORRECT.Q.: AFTER THAT YOU CONTINUED TO HAVE CONTACT WITH DAVID AND JACKIE, IS THAT RIGHT?A.: CORRECT.Q.: YOUR FAMILIES CONTINUED TO INTERACT, IS THAT RIGHT?A.: YES.Q.: YOU SOCIALIZED, IS THAT RIGHT?A.: YES.Q.: DID YOU ALSO SPEND OVERNIGHTS AT THE WESTERFIELD RESIDENCE?A.: ON OCCASION.Q.: HOW MANY WOULD YOU SAY DIFFERENT OCCASIONS AS BEST YOU CAN ESTIMATE IT, MA’AM?A.: HMMM. OH, MAYBE FOUR TO SIX TIMES IN THE TIME THEY LIVED IN THAT HOUSE.Q.: OKAY. WAS THAT TREERIDGE? I’M SORRY.A.: YES.Q.: AND YOU CONTINUED TO — DID YOU GUYS GO CAMPING, FOR INSTANCE, TOGETHER AS FAMILIES?A.: WE WENT CAMPING ONCE, AND WE DID GO ON FAMILY VACATIONS WITH THEM TO THE NEAL FAMILY RESIDENCE. JOHN’S PARENTS’.Q.: THEY HAVE A HOME IN VICTORVILLE, CORRECT?A.: YES.Q.: WHEN YOU SAY WITH THEM, YOU MEAN TO SAY YOUR FAMILY, JOHN AND JEANNE AND DAUGHTERS AND DAVID AND JACKIE AND THEIR CHILDREN?A.: YES. ALL OF US. WE WOULD ALL BE THERE AT GRANDPARENTS’ HOUSE.Q.: AND YOU ALSO CAMPED AND PARTIED TOGETHER, DIDN’T YOU?A.: YES.Q.: YOU WENT TO THE DESERT ONCE?A.: YES.Q.: YOU WENT TO THE SILVER STRAND?A.: YES.Q.: AND ALL OF YOU, AS YOU JUST TOLD US, HAVE GONE TO THE FAMILY HOME.A.: YES.Q.: WITH REGARD TO YOUR COMMUNICATIONS WITH DAVID AFTER YOUR DAUGHTER HAD SAID THAT TO YOU, YOUR INTERACTIONS CONTINUED TO BE THE SAME WITH HIM AS THEY ALWAYS HAD BEEN, ISN’T THAT RIGHT?A.: CORRECT.
(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN AND MR. BOYCE.)
BY MR. FELDMAN:Q.: WERE THERE TIMES WHEN YOU WOULD SPOT YOUR CHILDREN FUSSING AND YOU MIGHT ASK DAVID TO HELP CALM THEM DOWN? DO YOU RECALL?A.: I COULDN’T GIVE YOU ANY SPECIFICS. I KNOW WHEN WE WERE ALL TOGETHER EVERYONE WOULD KEEP AN EYE ON THE KIDS.Q.: EVERYONE WOULD KEEP AN EYE ON EVERYBODY’S KIDS?A.: YEAH.Q.: OKAY.
MR. FELDMAN: THANK YOU VERY MUCH, MA’AM.
THE COURT: ANYTHING FURTHER?
MR. DUSEK: NO, THANK YOU.
THE COURT: ALL RIGHT.
MA’AM, THANK YOU VERY MUCH FOR COMING IN. PLEASE REMEMBER YOU’RE UNDER AN ADMONITION NOT TO DISCUSS YOUR TESTIMONY UNTIL THE MATTER IS FINALLY CONCLUDED. BUT YOU ARE FREE TO LEAVE AT THIS TIME. THANK YOU.
(THE WITNESS WAS EXCUSED.)
THE COURT: ALL RIGHT. MR. CLARKE.
MR. CLARKE: PAUL REDDEN, YOUR HONOR.
THE COURT: ALL RIGHT.
MR. BOYCE: YOUR HONOR, COULD WE HAVE A SIDEBAR BEFORE THIS WITNESS TESTIFIES?
THE COURT: OH. ALL RIGHT. CERTAINLY.
BOB.
(SIDEBAR DISCUSSION, OUT OF THE HEARING OF THE JURY,
AS FOLLOWS:

(PROCEEDINGS NOT PART OF THE PUBLIC RECORD.)
(PROCEEDINGS NOT PART OF THE PUBLIC RECORD.)

(END OF SIDEBAR DISCUSSION.)
THE COURT: ALL RIGHT. MR. REDDEN, YOU ARE STILL UNDER OATH, SO YOU MAY APPROACH THE WITNESS BOX.

PAUL REDDEN, RECALLED AS A WITNESS BY THE PLAINTIFF, PREVIOUSLY HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
DIRECT EXAMINATION BY MR. CLARKE:Q.: MR. REDDEN, HOW ARE YOU TODAY?A.: GOOD, SIR.Q.: YOU HAVE PREVIOUSLY TESTIFIED IN THIS CASE ABOUT AN INTERVIEW THAT YOU CONDUCTED WITH MR. WESTERFIELD ON FEBRUARY 4TH OF THIS YEAR. IS THAT RIGHT?A.: THAT’S CORRECT, YES, SIR.Q.: IN THE COURSE OF THAT INTERVIEW, — WELL, LET ME BACK UP A LITTLE BIT.
THE PORTION OF THE INTERVIEW THAT WAS PLAYED AND THAT YOU DESCRIBED IN YOUR PREVIOUS TESTIMONY, DID THAT CONSTITUTE THE ENTIRE CONVERSATION YOU HAD WITH MR. WESTERFIELD OR WAS THERE AT LEAST ONE OTHER PORTION THAT WAS NOT PLAYED FOR THE JURY?A.: THAT WAS JUST A PORTION OF THE INTERVIEW.Q.: DID A PORTION THAT HAS NOT PREVIOUSLY BEEN DESCRIBED BY YOU TO THE JURY INCLUDE A DISCUSSION BETWEEN YOU AND MR. WESTERFIELD ABOUT AN INCIDENT INVOLVING A YOUNG GIRL SEVERAL YEARS EARLIER?A.: YES, SIR, IT DID.Q.: CAN YOU GIVE US A BRIEF DESCRIPTION OF WHAT THAT CONVERSATION CONSISTED OF?A.: MR. WESTERFIELD EXPLAINED TO ME THAT HE WAS CONCERNED ABOUT AN INCIDENT THAT HAD HAPPENED AROUND 1994 I BELIEVE, WHEREAS A GIRL WAS VISITING, IT WAS THE SISTER-IN-LAW OF HIS WIFE, OF HIS EX-WIFE, AND HER DAUGHTERS WERE VISITING AND SLEEPING IN THE UPSTAIRS BEDROOM. HE HAD HEARD A COMMOTION, WENT UPSTAIRS TO CHECK ON THE GIRLS, AND SAID HE DISCOVERED THE GIRLS WITH — ONE OF THE GIRLS WITH HER FOOT STUCK IN THE PAJAMAS OF THE OTHER GIRL. THAT HE SEPARATED THEM AND THEN WENT DOWNSTAIRS.
APPROXIMATELY A WEEK LATER THE GIRL OR HE WAS APPROACHED BY THE MOTHER, THAT HER NAME WAS JEANNE, AND THAT SHE HAD ACCUSED HIM OF MOLESTING THE YOUNGER GIRL DURING THIS INCIDENT.Q.: NOW, WHAT YOU HAVE JUST DESCRIBED TO US, WAS THAT BASED COMPLETELY ON WHAT MR. WESTERFIELD HAD TOLD YOU DURING YOUR INTERVIEW WITH HIM?A.: THAT’S CORRECT, YES, SIR.Q.: THE DATE OF APPROXIMATELY 1994, WAS THAT ALSO BASED ON WHAT MR. WESTERFIELD TOLD YOUA.: YES, SIR, THAT’S CORRECT.Q.: DO YOU RECALL WHETHER HE WAS CERTAIN ABOUT WHEN THIS INCIDENT HAD OCCURRED OR NOT?A.: NO, SIR, I’M NOT.Q.: THE PORTION OF THE INTERVIEW THAT YOU’VE JUST DESCRIBED, WAS THAT TAPE-RECORDED BY YOU?A.: YES, SIR. MY ENTIRE INTERVIEW WAS TAPED.Q.: HAVE YOU HAD AN OPPORTUNITY EARLIER TODAY TO LISTEN TO THAT PORTION OF THE INTERVIEW INVOLVING YOUR QUESTIONS AND ANSWERS ABOUT THIS INCIDENT?A.: YES, SIR. EARLIER THIS AFTERNOON.Q.: DID YOU ALSO HAVE AN OPPORTUNITY TO COMPARE THE CONTENTS OF THAT TAPE RECORDING ABOUT THIS SUBJECT WITH A — SORRY — APPROXIMATELY A THREE-PAGE TRANSCRIPT?A.: YES, SIR, I DID.Q.: WERE YOU ABLE TO DETERMINE WHETHER OR NOT THAT TRANSCRIPT ACCURATELY CONTAINED WHAT WAS SAID DURING THE COURSE OF THE INTERVIEW INVOLVING THIS INCIDENT?A.: YES.
MR. CLARKE: YOUR HONOR, I WOULD ASK TO HAVE MARKED AS —
THE COURT: ALL RIGHT. THE TAPE WILL BE 208, AND THE TRANSCRIPT WILL BE 208-A.
(AUDIOTAPE MARKED TRIAL EXHIBIT NUMBER 208 FOR
IDENTIFICATION.
(TRANSCRIPT OF TRIAL EXHIBIT NUMBER 208 FOR
IDENTIFICATION MARKED TRIAL EXHIBIT NUMBER 208-A FOR
IDENTIFICATION.)
MR. CLARKE: YOUR HONOR, ACTUALLY I HAVE THE COVER OF THE TAPE. I HAVE THE TAPE ALREADY IN A TAPE PLAYER.
THE COURT: ALL RIGHT.
MR. CLARKE: I WOULD ASK PERMISSION OF THE COURT TO BOTH DISTRIBUTE COPIES OF THE TRANSCRIPT —
THE COURT: ALL RIGHT. YOU CAN GIVE THEM TO MIKE THERE, AND HE WILL DISTRIBUTE THEM.
(THE BAILIFF COMPLIED.)
THE COURT: ONCE AGAIN, LADIES AND GENTLEMEN, I JUST WANT TO REMIND YOU THAT THE BEST EVIDENCE OF WHAT WAS SAID IS THE TAPE ITSELF. YOU ARE TO USE THESE TRANSCRIPTS TO ASSIST YOU IN UNDERSTANDING WHAT IS BEING SAID. THEY WILL BE COLLECTED AT THE CONCLUSION OF THE PLAYING OF THE TAPE.
MR. CLARKE: DIFFERENT TAPE PLAYER, YOUR HONOR, IF THE COURT CAN BEAR WITH ME.
IS THE COURT READY?
THE COURT: YES.
(TRIAL EXHIBIT NUMBER 208 FOR IDENTIFICATION WAS
PLAYED AT THIS POINT.)
THE COURT: OKAY. LADIES AND GENTLEMEN, YOU CAN PASS THOSE TO YOUR RIGHT, PLEASE.
BY MR. CLARKE:Q.: MR. REDDEN, YOU’VE HAD ANOTHER OPPORTUNITY TO HEAR THAT TAPE.A.: YES, SIR.Q.: AT LEAST THAT SEGMENT OF THE TAPE RECORDING.A.: YES, SIR.Q.: DOES THAT TAPE RECORDING ACCURATELY REFLECT BOTH THE QUESTIONS YOU ASKED MR. WESTERFIELD AND HIS ANSWERS ABOUT THIS PARTICULAR INCIDENT?A.: YES, SIR, IT DOES.
MR. CLARKE: THANK YOU.
NO MORE QUESTIONS, YOUR HONOR.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.
MR. BOYCE: NO QUESTIONS, YOUR HONOR.
THE COURT: ALL RIGHT.
THANK YOU, DETECTIVE, FOR COMING IN AGAIN. YOU’RE FREE TO LEAVE.
REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS YOUR TESTIMONY.
THE WITNESS: YES, YOUR HONOR. THANK YOU.
THE COURT: THANK YOU.
(THE WITNESS WAS EXCUSED.)
MR. DUSEK: THERE MAY BE SOME SETUP TIME FOR THE ONE LAST WITNESS.
THE COURT: ALL RIGHT. LET’S TAKE A COUPLE MINUTES, THEN.
WE WILL GO AHEAD AND TAKE A STRETCH BREAK.
LADIES AND GENTLEMEN, PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH OTHERS OR FORM OR EXPRESS ANY OPINIONS UNTIL THE MATTER IS SUBMITTED TO YOU.
LET’S SHOOT FOR 2:15, PLEASE. WE’RE GOING TO SHOOT FOR 2:15.
(RECESS, 2:05 O’CLOCK, P.M., TO 2:15 O’CLOCK, P.M.)

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man wanted for questioning in Michael Negrete’s disappearance

A sketch was drawn, posted, and distributed. No one has seen this man on the sketch since the night Michael Negrete disappeared.Left: Damon Van Dam in 2002, in my opinion he happens to have some resemblance with the man wanted for questioning in Michael’s caseRight: sketch drawn in 1999 portraying the man wanted for questioning in Michael Negrete's disappearance